Tag: blind justice

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judiciary partisanship U.S. Constitution

Heal or Heel?

Supreme Court, packing, packed, red, blue, Republican,Democrat, right, left, partisan,

Call it High Court chutzpah?

In a Second Amendment case seeking U.S. Supreme Court review, five U.S. Senators have filed an amicus curie or “friend of the court” brief … that wasn’t very friendly.

“The Supreme Court is not well,” argue Sens. Sheldon Whitehouse (D‑R.I.), Richard Blumenthal (D‑Conn.), Mazie Hirono (D‑Hawaii), Richard Durbin (D‑Ill.), and Kirsten Gillibrand (D‑N.Y.) in their brief against the Court accepting the case. “Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’”

A not-​very-​veiled threat.

Is their goal really to ‘reduce political influence’? Or to leverage influence against the Court should it not “heal itself” — or come to heel — by authoring judicial decisions more to Democrats’ liking? 

Seven Democratic presidential contenders, including Sens. Elizabeth Warren, Kamala Harris and Kristen Gillibrand, support court packing — having the next Democrat-​controlled Congress increase the size of the SCOTUS beyond nine justices, to 12 or 15.

“[M]ost Americans recognize this tactic for what it is, which is a direct attack on the independence of the Supreme Court,” Sarah Turberville and Anthony Marcum write in The Hill. “It is no coincidence that court packing is employed by would be autocrats all over the world rather than by leaders of liberal democracies.”

To supposedly “depoliticize” the “partisan” Supreme Court, Mayor Pete Buttigieg wants to pick five justices to represent Democrats and five to represent Republicans, and then those ten would together choose five additional justices. 

Nothing like being overtly partisan to vanquish partisanship, eh?

This is Common Sense. I’m Paul Jacob.

Supreme Court, packing, packed, red, blue, Republican,Democrat, right, left, partisan,

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Post Blindfold

blind justice, unions, Supreme Court, polarization, politics

While the Supreme Court heard oral argument, Monday, in Janus v. American Federation of State, County and Municipal Employees (AFSCME), the court of public opinion focused not so much on the constitutionality of the law in question, i.e. justice, but instead on the partisan impact of the decision, i.e. politics. 

A Washington Post editorial advances the notion that the court was presented “with two questions. The first is the legal issue …” and the second “implicit” question is “how the court should conduct judicial review in a deeply polarized society.”

Plaintiff Mark Janus and his legal team are seeking an “extraordinary remedy in the context of the Supreme Court’s tumultuous recent history,” claims the Post.

But that history is not Mr. Janus’s.

Or the union’s.

Or even U.S. labor relations’.

The editors are talking about Washington’s bitter 2016 political fight. 

What does political polarization have to do with the facts or law of this case? Nothing. Except … what’s in peril is a system whereby government workers who do not wish to join a union are nonetheless forced to pay union dues.

So, if the Court nixes current law, AFSCME might wind up with fewer dues paying members … meaning less money for AFSCME’s political pet, the Democratic Party. 

And Democrats — now stuck with a conservative replacement for the late Justice Scalia — are left only with Obama’s pronouncement: “Elections have consequences.” 

And, embarrassingly, the Post’s bizarre case for “steering the court modestly down the middle of the road.”

A lady, blindfolded, holding scales and a sword symbolizes justice. That blindfold is not to avoid reading the law; it represents the imperative to ignore politics.

This is Common Sense. I’m Paul Jacob.

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